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  1. #1
    Join Date
    Jan 2017
    Posts
    4

    Default Possible Return to Work

    My workers compensation claim was made in the State of: Washington


    I have been been put on light duty from my AP in Nov 2017, and now my employer who terminated me last Nov 2016 ( when my w/c claim was orginally closed) but since then I had to do several appeals/ protest and finally recieved my surgery to fix my injury, its been 6 months post op and I have been just offered a light duty option at my employer, with a significant raise which makes me wonder if its TOO good to be true. I feel as though they are offereing me this to basically get me off of my time loss benefits, and in turn when i do take this position they will fire me.... since washington state is a at will employer. Any thoughts on if i should take this job offer? because of my employer offering me a light duty option my time loss benefits have stopped.

    All the Current protest from the employer are still in play we have a court date in about 4 months for my claim has been pushed to the point where it will be litegated.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,046

    Default Re: Possible Return to Work

    You don't have a choice, you have to accept any work offered within your restrictions or you'll forfeit wage loss benefits.
    Take the job and see what happens - if they let you go, you'll be eligible for wage los benefits if you're still on restrictions.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Oct 1971
    Posts
    5,046

    Default Re: Possible Return to Work

    Quote Quoting aravindkumr44 View Post
    an employee does not return to their previous employer after they succeed in a wrongful termination claim. Rather, they are paid some amount of damages for the wrongful termination, and find another employer to work for. Further, it often takes years for such a case to resolve itself, and the plaintiff is under a duty to mitigate damages, as well as a necessity to live their life, so by the time the matter is settled or litigated, the former employee often has already found other employment.
    This thread isn't about "wrongful termination" it's about "accommodating restrictions"
    This is a worker compensation forum, the title of this thread is " Possible Return to Work" after recovering from a work related injury.
    Refusing any job offered within a claimants restrictions is grounds to terminate wage loss benefits.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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